Page:United States Statutes at Large Volume 78.djvu/641

This page needs to be proofread.

[78 STAT. 599]
PUBLIC LAW 88-000—MMMM. DD, 1964
[78 STAT. 599]

78 STAT. ]

PUBLIC LAW 88-486-AUG. 22, 1964

599

Public Law 88-486 AN ACT August 22, 1964 To amend the Act entitled "An Act to authorize the Commissioners of the [H. R. 7441] District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes", approved March 1, 1899, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act unskfe strucentitled "An Act to authorize the Commissioners of the District of ture"!^repair"oT Columbia to remove dangerous or unsafe buildings and parts thereof, removal. and for other purposes", approved March 1, 1899 (30 Stat. 923, as amended; title 5, ch. 5, D.C. Code, 1961 edition), is amended by strik- ^9 Stat. 105. ing the term "inspector of buildings" wherever such term appears therein and inserting in lieu thereof "Commissioners". The first sentence of the first section of such Act, as amended, is amended by striking "his opinion" and inserting in lieu thereof "their opinion" and by striking "he shall" and inserting in lieu thereof "they shall'-. SEC. 2. The first section of such Act, as amended (sec. 5-501, D.C. J^y,<>^^^^^-'°^(yode, 1961 edition), is amended by adding at the end thereof the following: "The term 'Commissioners' means the Commissioners of the District of Columbia sitting as a board or the agent or agents designated by them to perform any function vested in said Commissioners by this Act." SEC. 3. Section 3 of such Act, as amended (sec. 5-503, D.C. Code, 1961 edition), is amended by striking the third sentence therefrom. SEC. 4. Section 4 of the Act of March 1, 1899 (30 Stat. 923), as JuthoHty for amended (sec. 5-504, D.C. Code, 1961 edition), is hereby amended (a) removal. by inserting " (a) " immediately after "SEC. 4 "; (b) by inserting "any 49 Stat. 107. dead, dangerous, or diseased tree, or part thereof," after "excavation," in the first sentence; (c) by striking "excavation," in the second sentence and inserting in lieu thereof "excavation, or any dead, dangerous, or diseased tree, or part thereof,"; (d) by striking ", parts thereof or miscellaneous accumulation of material or debris" in such second sentence and inserting in lieu thereof "or parts thereof, any miscellaneous accumulation of material or debris, or any dead or dangerous tree, or part thereof, or the removal or spraying of any diseased tree"; (e) by striking from the second sentence "bear interest at the rate of 10 per centum per annum until paid, and be carried on the regular tax rolls of the District of Columbia and shall be collected in the manner provided for the collection of general taxes" and inserting in lieu thereof "be collected in the manner provided in section 6 of ^"' P* ^°°this Act"; (f) by adding at the end of such section 4(a) the following sentence: "Withm the meaning of this section, a dead tree shall be any tree with respect to which the Commissioners of the District of Columbia or their designated agent have determined that no part thereof is living; a dangerous tree is any tree or part thereof, living or dead, which the said Commissioners or their designated agent shall find is in such condition and is so located as to constitute a danger to persons or property on public space in the vicinity of such tree; and a diseased tree shall be any tree on private property in such a condition of infection from a major pathogenic disease as to constitute, in the opinion of the said Commissioners or their designated agent, a threat to the health of any other tree.", and (g) by adding at the end thereof the following new subsection: " (b) The authority conferred on the Commissioners under subsection (a) with respect to the removal of dangerous and diseased* trees constituting a nuisance shall be exercised by the Commissioners only 31-667 0-65—41